Being a landlord comes with its challenges, including dealing with tenant damage. Not all tenants will treat your property with care, and managing difficult situations can be stressful. Poorly handled tenant complaints or disputes may escalate, leading to property damage as an act of retaliation. While implementing strong tenant screening protocols and proactively addressing tenant concerns can mitigate potential losses, understanding your legal rights and options is crucial if damage occurs.
Understanding Tenant Responsibilities
Tenants are expected to maintain the rental property and are responsible for repairing or covering the costs of any damage beyond normal wear and tear. This includes damage caused by their guests or anyone else residing in the unit. Documenting instances of tenant-caused damage promptly is essential for seeking remedies. Examples of damages include:
- Broken windows or fixtures.
- Large holes in walls.
- Burns or stains on carpets.
- Damaged appliances due to misuse.
What is Normal Wear and Tear on a Rental Property in Ontario?
Normal wear and tear refers to the gradual deterioration of a property due to ordinary use. Common examples include faded paint, minor scuffs on walls, and carpets showing signs of regular foot traffic. These issues do not indicate negligence or abuse and are the landlord’s responsibility to address. Examples of normal wear and tear repairs include:
- Repainting walls to address discoloration or fading.
- Replacing old or worn carpets.
- Fixing small scratches on floors caused by regular movement of furniture.
- Tightening loose doorknobs or cabinet handles.
- Addressing minor discoloration or wear on countertops.
Understanding the distinction between normal wear and tear and actual damage is vital, as it determines whether the landlord or tenant bears responsibility.
Damage Deposits and Legal Recourse in Ontario
Ontario law prohibits landlords from charging damage deposits. However, landlords may withhold a tenant’s last month’s rent deposit to cover repair costs for damages beyond normal wear and tear. In cases of intentional damage, landlords have grounds for eviction and may file claims for compensation through the Landlord and Tenant Board (LTB).
Negotiating Repairs
If tenant-caused damage occurs, the first step is to communicate with the tenant. Request in writing that they cover the repair costs, including photographs and itemized invoices to support your claim. This documentation creates a paper trail, which is helpful if legal action becomes necessary. Landlords cannot withhold deposits for repairs related to normal wear and tear.
Legal Recourses for Tenant Damage
Filing a Claim with the Landlord and Tenant Board (LTB)
Landlords can file an application for damages with the LTB. Once the application is submitted, a hearing will be scheduled, providing an opportunity for both parties to present their cases. Landlords should bring evidence such as photographs, repair invoices, and prior communications with the tenant. The LTB can order the tenant to pay damages if the claim is justified.
Pursuing Small Claims Court
If the amount of damage exceeds $35,000, landlords may need to escalate the case to the Superior Court of Justice. For amounts below this threshold, filing in Small Claims Court is an option. In both instances, landlords must present compelling evidence to secure a favorable judgment.
Evicting a Tenant Due to Property Damage
In cases of severe or intentional damage, eviction may be necessary. Begin by notifying the tenant in writing of the issue and requesting they address the damage. If the tenant fails to act, serve them with an official notice to terminate the tenancy. Use the correct forms approved by the LTB and ensure all legal procedures are followed. Keep in mind that tenants have the right to appeal an eviction notice.
Landlord Responsibilities and Repair Obligations
Landlords are obligated to maintain their rental properties in a habitable condition, addressing issues that impact health, safety, and livability. While cosmetic damage may not warrant immediate action, repairs affecting structural integrity, plumbing, or electrical systems must be completed promptly. Examples of essential repairs include:
- Fixing heating systems.
- Addressing electrical or plumbing issues.
- Repairing structural damage to walls, ceilings, or floors.
- Ensuring windows, doors, and locks are functional.
Conclusion
Dealing with tenant damage can be frustrating and costly, but understanding your rights and responsibilities as a landlord can help minimize the financial and emotional impact. By documenting issues, communicating effectively with tenants, and utilizing available legal avenues, you can protect your investment and maintain a smoother landlord-tenant relationship. Consulting with a legal professional can provide additional guidance tailored to your situation.
Sources
- CTVNews.ca Staff. (2018, June 9). Landlord rights: What to do if a tenant trashes the place. CTVNews. Retrieved April 6, 2022, from https://www.ctvnews.ca/business/landlord-rights-what-to-do-if-a-tenant-trashes-the-place-1.3966744
- Tribunals Ontario. (2018, July). Brochure: Maintenance and Repairs. Landlord and Tenant Board. Retrieved from https://tribunalsontario.ca/documents/ltb/Brochures/Maintenance%20and%20Repairs%20(EN).pdf
- Simon Shields, LLB. (2020, September 1). LEGAL GUIDE: RESIDENTIAL LANDLORD AND TENANT LAW (ONTARIO) – Ch.16 Civil Remedies. Retrieved April 6, 2022, from http://www.isthatlegal.ca/index.php?name=civil_remedies.tenant_law_ontario
